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We get a lot of calls from potential clients claiming that they are or were being subjected to a hostile work environment. A hostile work place is a type of harassment. But how do you know if you’re in one?
There is a legal test to determine if an employee is a victim. Our hostile work environment page details it extensively. But briefly, a hostile work environment must be based upon an employee’s protected characteristic, which can include sex, sexual orientation, gender, age, race, national original, marital status, veteran status, disability, and more.
Next, the work environment must be so severe and pervasive that it alters the working conditions of the employee and creates an abusive workplace. Factors such as frequency of the conduct and severity of the conduct are considered to determine if it is so severe and pervasive as to effect the employee’s workplace.